Pismo Beach Municipal Code Ch. 5.28 Peddlers and Solicitors

A. The city council finds that the unregulated practice of solicitation and peddling is a nuisance in that:

1. The activity may be carried on against the wishes of the residents, causing annoyance to residents and intruding into their privacy;

2. The methods used by some of those engaged in the activity cause apprehension to those being solicited;

3. The activity is one which can be used as a front or cover for gaining access to premises for the purposes of engaging in criminal activity;

4. The nature of the activity permits persons to engage in it and leave the city before they become widely known and enables them to avoid complying with the law;

5. Persons engaged in this activity may be nonresidents and with no fixed or permanent place of business and the regulation of them through the licensing for business does not give the city sufficient control to correct the abuses in this activity;

6. Congestion is extreme within the "Pier Zone" or on public streets, sidewalks and parkways and such threatens the economic foundations of the city and street vendors and peddlers aggravate the same in that area.

B. Based upon these findings, the city council concludes that the unregulated and uncontrolled activity of solicitation and peddling affects the welfare of the city and is a public nuisance. It is the purpose of this chapter to define the activity sought to be regulated to impose upon those seeking to engage in it conditions and requirements which will permit the city to protect the welfare of its citizens, prevent intrusion into privacy and to regulate the activity to prevent abuses.

(Ord. O-2013-003 § 1, 2013)

Unless the context otherwise requires, the following definitions apply in this chapter:

"Fixed place of business" means a fixed business place, location, building, room, stand or enclosure separate and distinct from any other business, in which goods, wares, merchandise, fruits or vegetables are kept, displayed or offered for sale to the public, regularly kept open with an agent in exclusive attendance for at least six hours per day, for at least five days per week.

"Itinerant vendor" means any person who sets up a temporary stand or place or uses a portable cart or motor vehicle as defined in the California Vehicle Code for the purpose of selling any goods, wares, merchandise, fruits or vegetables, or one who solicits orders for the sale of such goods, wares, merchandise, fruits or vegetables to be delivered at some future time or date. Itinerant vendor does not include a merchant having a fixed place of business within the city, or his employee, who sells or solicits orders for the sale of goods, wares, merchandise, services, fruits or vegetables, after a prior approval, either oral or written, from the vendee. Itinerant vendors who set up on private property must secure written permission from the property owner or person having control of said property and said written permission must be in the possession of the vendor.

"Peddler" means any person who goes upon the premises of any property in the city, not having been requested or invited by the occupant thereof, carrying or transporting goods, wares, merchandise, or personal property of any nature and offering the same for sale. This definition also includes any person who solicits orders and as a separate transaction makes deliveries to purchasers as part of the scheme to evade the provisions of this chapter.

"Person" means any person, firm, corporation, association, club, society, or other organization.

"Selling or sales" wherever these terms are used herein, "buying" and "purchasing" shall be deemed included.

"Solicitor" means any person who goes upon the premises of any property in the city, not having been requested or invited by the occupant thereof, for the purpose of taking or soliciting orders for the sale of goods, wares, merchandise, or personal property of any nature for future delivery, or for services to be performed in the future.

(Ord. O-2025-002 § 23, 2025; Ord. O-2013-003 § 1, 2013)

Each person who desires to solicit or peddle in the city shall first obtain a business license pursuant to Section 5.04.020.

(Ord. O-2013-003 § 1, 2013)

The following persons are exempt from the provisions of Section 5.28.030; provided, that a completed proof of exemption form is filed with the city manager or his/her designee and an exemption certificate is issued by the city manager or his/her designee for a person who:

A. Solicits orders for products sold on an established route such as a bakery, newspaper or dairy products route;

B. Solicits orders from retail dealers on behalf of a wholesaler, jobber or manufacturer;

C. Solicits for a bona fide political or religious purpose;

D. Is a resident of the city under eighteen years of age;

E. Is a state-licensed real estate agent working under a real estate broker holding a business license in the city.

(Ord. O-2013-003 § 1, 2013)

A. License display. Every peddler or vendor at all times while engaged in peddling or vending from a wagon, pushcart, conveyance or other vehicle shall display in a conspicuous place on the same a city business license or exemption certificate, if any, required by this code and shall, when peddling or vending, display the same on demand of any police officer or of any person to whom he is peddling or vending.

B. Congestion. No street peddler, solicitor or vendor shall operate in a place where such operation will create a traffic hazard or other safety hazard, nor shall any street peddler, solicitor or vendor violate the provisions of Pismo Beach Municipal Code Section 12.20.185.

C. Refuse. Every peddler, vendor or solicitor who conducts business from a wagon, pushcart, vehicle or other means of transportation or conveyance, shall provide a trash receptacle readily accessible to persons making purchases from such peddler or vendor, and the peddler or vendor shall deposit or cause to be deposited therein, all litter and garbage resulting from sales made by him and left by the purchasers in the immediate vicinity of the place of sale.

(Ord. O-2013-003 § 1, 2013)

A. Prohibited soliciting or peddling. No person may solicit or peddle in the city:

1. Without a required business license or exemption certificate if exempt pursuant to Section 5.28.040 of this Code.

2. On any street, sidewalk or parkway within the Pier Zone, as defined in Section 12.20.185 of this Code.

3. From 6:00 p.m. one day to 8:00 a.m. the following day.

B. It is unlawful for any person, while conducting the business of itinerant vendor, solicitor or peddler, whether licensed or unlicensed, to enter upon any property in the city where the owner, occupant, or person legally in charge of the premises has posted, at the entry to the premises, or at the entry to the principal building on said premises, a nonilluminated flat sign of not more than one square foot bearing the words "No Solicitors", or words of similar import.

(Ord. O-2025-002 § 24, 2025; Ord. O-2013-003 § 1, 2013)

A. Grounds. The city manager or his/her designee may revoke the business license or exemption certificate of a solicitor or peddler for one or more of the following grounds:

1. Fraud, misrepresentation or false statement made in the course of solicitation or peddling;

2. Fraud, misrepresentation or false statement contained in the application for registration permit;

3. Violation of any ordinance or regulation of the city;

4. Conviction of a crime or misdemeanor involving moral turpitude; or

5. Conducting the business of soliciting or peddling in an unlawful manner or in a manner which is a breach of the peace, or a nuisance, or is a menace to the health, safety or general welfare of the public.

6. Conducting the business of soliciting or peddling on any premises on which a sign is posted pursuant to Section 5.28.060(B) of this chapter.

The revocation takes effect three days after the city manager or his/her designee mails notice of revocation to the applicant or upon personal delivery, whichever first occurs.

B. Review. A person aggrieved by the decision of the city manager or his/her designee in revoking a license may seek review of the decision pursuant to the provisions of Section 1.08.010 of this code. During the pendency of the review, the license is suspended and the solicitor or peddler may not conduct his business in the city.

(Ord. O-2013-003 § 1, 2013)

Any violation of this chapter shall be an infraction and shall be punishable as set forth in Pismo Beach Municipal Code Section 1.20.010.

(Ord. O-2013-003 § 1, 2013)